High Court Rules On Environmental Clean-Up Costs

Law360 (June 11, 2007, 12:00 AM EDT) -- In a decision that could have a lasting effect on certain energy companies, the Supreme Court ruled Monday that private parties are allowed to sue for expenses they incurred while voluntarily cleaning contaminated sites.

Judge Clarence Thomas, writing for an unanimous court, gave Atlantic Research Corp. the go-ahead to bring a Superfund action against the government for pollution it cleaned at the Shumaker Naval Ammunition Depot in Arkansas.

“This case unequivocally holds that a private party who voluntarily incurs costs to clean up a contaminated property...